5th DUI Offense:
For a fifth offense occurring any time after 4 prior offenses, be guilty of a class E felony, be fined not less than $3,500 nor more than $10,000 and imprisoned not less than 3 years nor more than 5 years.

6th DUI Offense:
For a sixth offense occurring any time after 5 prior offenses, be guilty of a class D felony, be fined not less than $5,000 nor more than $10,000 and imprisoned not less than 5 years nor more than 8 years.

7th DUI Offense:
For a seventh offense occurring any time after 6 prior offenses, or for any subsequent offense, be guilty of a class C felony, be fined not less than $10,000 nor more than $15,000 and imprisoned not less than 10 years nor greater than 15 years.

Lookback Period:
Lifetime (Period of time that prior DUIs are relevant for sentencing.
Also known as a “washout” period.)

How much do you have to drink (BAC*) for a DUI in Delaware?

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Delaware?

Delaware has an implied consent law. That means that if you
refuse to submit to a chemical test you will be subject to a fine and automatic
license suspension. Learn more about Delaware’s
implied consent law.

1st
Offense

2nd Offense

3rd
Offense

Refusal to take
test

1 year license revocation (2 years if under 21 years of age)

1 year license revocation (2 years if under 21 years of age)

1 year license revocation (2 years if under 21 years of age)

Disclaimer: We try
to keep the information provided here up to date. However, laws often change,
as do their interpretation and application. Different jurisdictions within a
state may enforce the laws in different ways. For that reason, we recommended
that you seek the advice
of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Delaware?

In some circumstances, a plea bargain of "wet
reckless" might be accepted by the prosecution in Delaware. A "wet
reckless," or a conviction of reckless driving involving alcohol, is
usually made as a result of a plea bargain in which a charge of drunk driving
is reduced to a case of reckless driving. A plea bargain of wet reckless might
occur when the amount of alcohol is borderline illegal, there was no accident,
and the defendant has no prior record. But if there is a subsequent drunk
driving conviction, the "wet reckless" is usually considered a prior
drunk driving conviction; the resulting sentence can be what's required for a
second DUI/DWI conviction. If you are interested in trying to make a plea for a
wet reckless, you'll need the help of a lawyer.

State of Delaware "First Offense Election"

A driver convicted of their first DUI in Delaware may choose
to enroll in the first offender program if they have zero DUI
convictions on their driving record. Election in the program allows the convicted driver to apply
for an Ignition Interlock Device license. If all conditions are met, and
the driver has been under suspension for a period of 30 days, they may
be allowed to drive if an Ignition Interlock Device has been installed
on their vehicle. The driver must remain on the program a minimum of 5 months
from the date if receiving their Ignition Interlock Device license. For
more details please use the DUI links at the end of this page.

Drinking and Driving Laws in Delaware

In the State of Delaware a
driver is considered legally "impaired" when their blood alcohol
concentration (BAC) is .08 percent or above. In addition, the presence
of any drug is enough evidence to convict a driver of a DUI. You can
also be charged with a DUI even if your BAC is below the .08 percentage
limit if you appear to be impaired enough to pose a threat to others.

How many drinks does it take to reach the legal limit in Delaware? Unfortunately there isn't one formula that works for all drivers.
Every driver has a different physical make-up, and many factors such as
weight, body fat percentage, number of drinks consumed within a certain
time-frame all play a part in the impaired driver equation. Some studies
have suggested that a persons BAC will increase .05 percent for each
drink consumed within a short period of time, however this formula is
not applicable to all drivers.

The best answer is not to drink and drive.
The State of Delaware has strict laws for drunk driving, and when you
drink and drive in Delaware, you risk your freedom, finances and your
future. If you are arrested for a first DUI your
drivers license will be taken at the time of the arrest and you will be
issued a temporary permit that will expire 15 days from the time of your
arrest. After conviction, your license will be revoked for 1 year. You
may receive a reduction in suspension under the "First Offender Program
Election". The fine will be from $500-$1,500 and you will be imprisoned
for 60 days to 6 months.

A Second arrest for DUI in the State of
Delaware and your drivers license will be taken at the time of the
arrest and you will be issued a temporary permit that will expire 15
days from the time of your arrest. After your second drunk driving
conviction your license will be revoked for 18 months for a BAC less
than .16 or refusal to submit to a chemical test. If your BAC was
between .16 and .19 percent your license will be revoked for 24 months.

If your BAC is .20 or greater you will
receive a 30 month revocation of your drivers license. The fine for your
second DUI will be $750-$2,500 and you will receive a mandatory
imprisonment for 60 days- 18 months. All second and future DUI
convictions are required to have an ignition interlock device on all
vehicles registered under the convicted drivers name after the first 12
months of revocation.

The third DUI arrest in Delaware is a Felony
if it occurs within 5 years of the two prior offenses. After your third
drunk driving conviction your license will be revoked for 24 months for
a BAC less than .16 or refusal to submit to a chemical test.

If your BAC was between .16 and .19 percent
your license will be revoked for 30 months. If your BAC is .20 or
greater you will receive a 36 month revocation of your drivers license.
The fine for your third DUI will be $1,500-$5,000 and you will receive a
mandatory imprisonment for 1-2 years. All second and future DUI
convictions are required to have an ignition interlock device on all
vehicles registered under the convicted drivers name after the first 12
months of revocation.

Your fourth drunk driving arrest in Delaware
is a Class "E" Felony any time after the first 3 offenses. After your
fourth drunk driving conviction your license will be revoked for a time
determined by the court. The fine for your fourth DUI will be
$3,000-$7,000 and you will receive a mandatory imprisonment for 2-5
years. All second and future DUI convictions are required to have an
ignition interlock device on all vehicles registered under the convicted
drivers name after the first 12 months of revocation.